Gregory v. Acme Road Machinery Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Acme Road Machinery Company, from part of an order of the Supreme Court, made at the Onondaga Special Term and entered in the office of the clerk of the county of Onondaga on the 27th day of October, 1916, denying defendant’s motion for an order directing plaintiff to submit to having an X-ray picture taken.
1Opinion of the Court
Kruse, P. J.:
The question here is whether the plaintiff may be compelled, under the provisions of section 873 of the Code of Civil Procedure, to submit to an X-ray examination in connection with the usual physical examination before trial in an action for personal injuries.
The Special Term held that the court has no power to order plaintiff to submit to the taking of an X-ray picture, and I think that holding is correct. If it were absolutely certain that plaintiff would not be injured by the taking of the radiograph, I think he might be compelled to submit to the same in aid of the physical…
2Cases cited1 opinion
- Mizak v. Carborundum Co.New York Supreme Court · 1912
3Cited by2 opinions
- Hayt v. Brewster, Gordon & Co.Appellate Division of the Supreme Court of the State of New York · 1921
- Beuschel v. ManowitzNew York Supreme Court · 1934